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What Is a Legal Person Under Public/Private Law (Juristische Person, Germany)?
This is a German procurement term. A body capable of holding rights and duties which, where closely tied to the state, can itself be a contracting authority.
Why does the legal form matter?
Because a legal person under public law is normally a contracting authority. A legal person under private law is one only if it meets the conditions for a body governed by public law.
What are those conditions?
Established for the specific purpose of meeting needs in the general interest, not of an industrial or commercial character, and mainly financed, controlled or managed by the public sector.
What are typical examples?
Municipal utilities, housing companies, hospitals and universities, whether organised as public bodies or as private companies owned by the public sector.
